When it comes to criminal acts committed on Native American lands, legal matters are complex. There is a tangle of local, state, federal and tribal laws that are hard to sort out. Determining which court has the power to make a judgment is no easy task.
If you or someone you know has been accused of a crime that occurred on Muscogee Nation property, your best course of action is to contact a tribal attorney. A Muscogee (Creek) Nation Criminal Lawyer can review your case and help you understand your rights and options under these various legal systems.
Recent Rulings That Impact The Muscogee (Creek) Nation
In recent years, the question of authority over legal matters occurring on tribal lands has been in the spotlight…
A Supreme Court case in 2020 set a precedent for the sovereignty of Native American reservations. In McGirt v. Oklahoma, the Supreme Court of the United States (SCOTUS) ruled that the state of Oklahoma does not have jurisdiction over criminal matters committed on Native American reservations.
However, another case in 2022, Oklahoma v. Castro-Huerta, changed the rules once again. The Supreme Court determined that the state court — along with the federal court — has the authority over crimes committed on Native American land when the accused is not Native American.
The Major Crimes Act Of 1885
While tribal nations retain jurisdiction over many crimes committed on their lands, there are exceptions. In 1885, the federal government created the Major Crimes Act, which states that the federal court system reserves the right to try crimes in certain categories.
Illegal acts that fall under the Major Crimes Act are generally crimes of a more serious nature against a person or person’s property, including:
- Arson
- Child abuse
- Murder
- Manslaughter
- Kidnapping
- Sexual abuse
- Theft
- Various assault charges
- And more…
If a crime under the Major Crimes Act is committed on Native American land, the federal courts have jurisdiction. The accused may be tried by the federal court, whether or not the alleged offender is Native American.
If you have been accused of a crime under the Major Crimes Act and you need a felony lawyer, The Law office of Emilyn Potter in Tulsa, OK is ready to assist you.
Defending The Muscogee (Creek) Nation
If you are a Native American in need of legal aid, a criminal defense lawyer can serve you in a variety of ways. A Muscogee (Creek) Nation Criminal Lawyer can:
- Offer legal advice on your case, no matter what legal situation you are facing.
- Ensure your rights are being protected by law enforcement and the court systems.
- Determine which laws apply to your case, and which court systems have jurisdiction.
- Fight for your case in federal court if you’ve been accused of an offense on the Major Crime Act list.
- Provide additional legal services to assist you.
For legal help with federal, state, or tribal laws, reach out to our criminal defense law firm today. If you need a DUI lawyer or DWI lawyer, a domestic violence attorney, or another type of felony lawyer, The Law office of Emilyn Potter is here for you.
Contact A Criminal Defense Lawyer Today
At The Law office of Emilyn Potter, we support your rights as members of the Muscogee (Creek) Nation. No matter what type of charges you are facing, our criminal defense lawyers are adamant that your rights are upheld and protected.
The Law office of Emilyn Potter aims to be accessible to all our clients. We offer both virtual and in-person appointments. We also provide a variety of fee options to suit your specific needs.
Give our criminal defense law firm a call today to schedule a free case analysis with a Muscogee (Creek) Nation Criminal Lawyer. You can reach our Tulsa office at (918) 890-0881.
Call Now For Your Free Case Analysis
(918) 890-0881
